Category Archives: Jail

Federal Prisons Want Inmates to Pay Victims

Bellingham Defense Attorney, Federal Crimes & Prosecutions, Jail, Mount Vernon Criminal Defense Attorney, Prison, Restitution, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

5 companies compete to build new Alabama prisons

Excellent article by Tilda Wilson reports that federal prisons want inmates to pay victims before making phone calls or buying shoes.

The Bureau of Prisons is considering a rule change concerning inmates who keep large sums of money in their prison accounts. The new rule would require that 75 percent of all the money family and friends send a person in prison go to pay their outstanding debts. These debts include paying restitution to their victims.

But lawyers and advocates for people in prison feel that the proposed rule goes too far. Shanna Rifkin, deputy general counsel for Families Against Mandatory Minimums, agrees that the Bureau of Prisons should not let wealthy inmates avoid restitution. However, she also thinks the proposed rule is too broad.

“It’s really like a sledgehammer, when you could bring a tool that was much smaller to address the problem.” ~Shanna Rifkin, Deputy General Counsel for Families Against Mandatory Minimums

Other advocates, like Ellen Degnan, a staff attorney with the Southern Poverty Law Center, argue the courts should fix the problem themselves by setting individual payment plans during sentencing.

“Courts can solve this problem. This is not for the BOP to meddle in.” ~Ellen Degnan, a staff attorney with the Southern Poverty Law Center

Even advocates for people who are owed restitution are wary of the proposed rule. Bridgette Stumpf, executive director at the nonprofit Network for Victim Recovery of D.C., thinks the rule has the potential to get some victims restitution more quickly than they would otherwise. Still, she thinks the consequences need to be balanced.

RESTITUTION OR COURT FINES?

Many of the people who would be impacted by the proposed rule do not owe victim restitution. Instead, they owe court fines and fees related to their initial sentencing.

In a statement, a spokesperson for the Bureau of Prisons said that commissary accounts are a privilege. Officials will review public comments carefully. There is no deadline for a decision on this rule being made.

Jails and prisons are undesirable places. Please review Making Bail and contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Some Federal Inmates May Stay Home After COVID Emergency Lifts

Bellingham Defense Attorney, Coronavirus, Federal Crimes & Prosecutions, Jail, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

How to reduce the impact of coronavirus on our lives - The Washington Post

Excellent article from journalist   reports that federal inmates who were allowed to serve their prison terms at home during the COVID-19 Pandemic may remain at home.

The regulations are expected to provide some relief to inmates, who feared they could potentially be hauled back into prison when the public health emergency expires on May 11.

“This final rule makes clear that the Director of the Bureau of Prisons has the discretion to ensure that those who have made rehabilitative progress and complied with the conditions of home confinement are not unnecessarily returned to prison.” ~U.S. Attorney General Merrick.

Lynch reports that in March 2020, Congress authorized the Justice Department to declare an emergency so it could expand the pool of low-level, non-violent federal inmates who could qualify for home confinement, to contain the spread of the coronavirus throughout the federal prison system.

In January 2021, the department’s Office of Legal Counsel issued a memo saying once the emergency is lifted, the federal Bureau of Prisons (BOP) would have no choice but to “recall prisoners in home confinement to correctional facilities” because the authority to send more people home was temporary.

Criminal justice and civil rights groups have lobbied the Justice Department and the White House to change those rules to prevent inmates from being returned to prison en masse.

The The BOP will still be able to impose “proportional and escalating sanctions,” including a return to prison, on inmates who commit infractions.

Since March 2020, more than 12,000 inmates were placed into home confinement. Of those, the department said only a fraction of one percent were returned to prison due to new criminal conduct.

Please review Making Bail and contact my office if you, a friend or family member are incarcerated and charged with a crime. Jails are a great place to get COVID-19. Hiring an effective and competent defense attorney is the first and best step toward justice.

Finally, A New Jail in Whatcom County?

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New Franklin County Jail Offers More Light, Open Spaces And Rehabilitation Services | WOSU News

Excellent article in the Cascadia Weekly by Staff Reporters Ralph Schwartz and Jenelle Baumbach explores Whatcom County’s controversial effort to build a new jail.

Homelessness, mental illness and substance use disorders have increased. This increase heavily impacts Whatcom County’s already overburdened jail. County leaders are planning a November ballot measure for construction of a new jail intend to address these problems head-on. Whatcom voters have proven fickle, however, having defeated two other jail levies since 2015.

HOMELESSNESS

By the official count and by all accounts, homelessness is on the rise in Whatcom County. The annual Point-in-Time count showed a 69% increase in people experiencing homelessness from 2012 to 2022. Homelessness is also the norm among inmates in jail, according to a 2022 survey by the Stakeholder Advisory Committee. The group showed at least 73% of surveyed inmates were either homeless or couch surfing with friends or family.

DRUG ABUSE

Journalist Ralph Schwartz reports that Whatcom County’s drug problem is just as visible. Fentanyl users smoke openly on Bellingham’s streets, usually pulling a blanket over their head to trap the vapors.

Fentanyl overdose deaths are rising exponentially: 15 in Whatcom in 2020 and 25 in 2021, according to a state Department of Health dashboard; and at least 48 in 2022, county Medical Examiner Allison Hunt said on Feb. 27. The fentanyl problem is worsened by inmates sneaking it into Whatcom County’s jail. Recent Drug overdoses have reportedly happened.

CRIME

The crime rate rose 9.1% in Bellingham from 2020 to 2021. This is according to the latest Washington Association of Sheriffs and Police Chiefs Crime in Washington annual report. A review of non-traffic crimes listed on the City of Bellingham’s crime statistics webpage shows a bigger jump in 2022: up 39% compared to 2021.

THE RAW DATA, STATEWIDE:

• Approximately 60% of people incarcerated in Washington state jails have substance use disorder.

•300,000 adults in Washington state have a serious mental illness.

• Nearly 23,000 people in Washington state are homeless, and approximately one in four of those people have a serious mental illness.

• The number of people needing services at Western or Eastern state hospitals increased from 996 in 2015 to 2,397 in 2022.

• In October 2022, there were 850 people in the state deemed incompetent to stand trial who were waiting for a bed at Western or Eastern state hospitals — a 142% increase from October 2021.

• Nationally, more than 2 million jail bookings a year are people with a serious mental illness. One in four people with a serious mental illness have been incarcerated at least once.

Jail is a terrible place. Please review my Making Bail legal guide and contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Mentally Ill Are Decompensating in Washington Jails

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Prisons have become warehouses for the mentally ill.

Great article by journalist Susannah Frame discusses the record number of inmates with mental illnesses suffering in jail.

Decades of research show that people with serious mental illness who are jailed experience steep declines in their mental health, This is especially true for inmates locked in solitary confinement. But in the state of Washington, the time spent behind bars for people who are mentally ill and waiting for court-ordered treatment is at an all-time high.

Washington is experiencing the biggest backlog in state history of mentally ill defendants sitting in jails. Amny of them are waiting for required services to restore their competency. This allows defendants the help they need to understand the charges against them and to participate in their defense.

In October 2021, approximately 350 defendants deemed incompetent to stand trial were waiting for a bed at Western State Hospital or Eastern State Hospital. In October 2022, the number was about 850 people, a 142% increase in one year, state records show. The numbers include people waiting both in and out of county jails.

“Jail is the worst place to be for a person who has a serious mental illness . . . It can really cause irreversible brain damage. And the longer that a person spends in untreated psychosis the harder it is for them to return to the same level of functioning once they’re receiving treatment again.” ~Lisa Dailey, Executive Director of the Washington DC-based Treatment Advocacy Center.

The state agency charged with providing services to mentally ill defendants, the Department of Social and Health Services (DSHS). Unfortunately, DSHS has been in “contempt” of a 2015 federal court order since July 2016. The order stems from a 2014 class action lawsuit, known as Trueblood. In the case, federal Judge Marsha Pechman ruled DSHS is violating the civil rights of defendants waiting in jail for services. She ordered that mentally ill defendants get a bed at a state psychiatric hospital within seven days. Currently some people are waiting seven months.

Massive Increase in Demand for Social Services

DSHS officials said the biggest challenge to moving people into mental health hospitals is the dramatic increase in demand. The number of people in jail ordered to receive in-hospital services jumped from 996 people in 2015 to 2397 people in 2022. That’s an increase of 141%.

“We knew ahead of time that services would be increasing over time. We knew that. But can you predict? Can you look into a crystal ball and know exactly what’s going to happen? No. Ideally, they would be in the community. They would be with their family, their friends, they wouldn’t be involved in the criminal justice system. The ultimate goal is to prevent them from having that interaction, to begin with.” ~DSHS Chief Medical Officer Dr. Brian Waiblinger

DSHS has several construction projects underway to create more bed space and resources. Projects include a 58-bed facility on the grounds of Western State Hospital scheduled to open within months. These beds are designated for people charged with a crime who need competency evaluations or restoration services.

“It’s a very difficult time right now,” Waiblinger said. “(But) I am very hopeful that we can turn this around. I think we need to do something about creating more community resources.”

Jail is a terrible place, especially for those suffering from mental illness. Please review my Making Bail Legal Guide and contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Right to Counsel At Critical Stages In Criminal Proceedings

Bail, Bellingham Defense Attorney, Constitutional Rights, Detention, Jail, Mount Vernon Criminal Defense Attorney, Right to Present A Defense, Sex Crimes, Sixth Amendment, Skagit County Criminal Defense, Whatcom County Criminal Defense

Will Wearing an Orange Jumpsuit in Court Affect the Outcome? - Szar Bail Bonds

In State v. Charleton, the WA Court of Appeals held that even though a defendant lacks counsel at arraignment, this error is harmless because setting bail has no effect on the remainder of the case.

BACKGROUND FACTS

Mr. Charleton was arrested and held for 72 hours on allegations of a sex offense. During his initial appearance he did not have a defense attorney. After the State filed charges, the defendant appeared again without counsel. The court set bail and continued arraignment a few days. At arraignment, the defendant appeared with counsel and was granted release. The judge later found the defendant guilty of child rape and child molestation.

The defendant challenged his convictions on arguments that he lacked counsel at a critical stage of the proceedings. Therefore, this failure to appoint counsel violated the Sixth Amendment to the United States Constitution and required reversal of his convictions.

COURT’S ANALYSIS & CONCLUSIONS

The Court of Appeals (COA) gave a 5-part analysis of the legal issues below discussed below:

The Constitutional Right to Counsel Attached at Charlton’s First Two Court Appearances.

The COA explained that superior courts are required to process defendants  in court as soon as possible, “but in any event before the close of business on the next court day.” A court must provide a lawyer at the “preliminary appearance” pursuant to court rule. And the right to an attorney accrues as soon as feasible after the individual is taken into custody, appears before a judge, or is formally charged, whichever occurs earliest. Consequently, the COA reasoned that Mr. Charleton’s right to counsel attached after he was charged and appeared for arraignment.

Charlton’s First Court Appearance Was Not a Critical Stage of the Criminal Proceedings. However, Charlton’s Second Appearance Was a Critical Stage Because the Trial Court Addressed the Setting of Bail.

Here, the COA explained that a “critical stage” is one which a defendant’s rights may be lost, defenses waived, privileges claimed or waived, or in which the outcome of the case is otherwise substantially affected. Critical stages involve pretrial procedures that would impair defense on the merits if the accused is required to proceed without counsel.

Even Though Charleton’s Second Appearance Involving Bail Was a Critical Stage, His Appearance Without an Attorney Was Harmless Error.

The COA reasoned that an error is harmless if the State establishes beyond a reasonable doubt that the verdict would have been the same result without the error. Here, the trial court’s imposition of bail on an unrepresented Mr. Charleston had no effect on his case resolution.

“Because of the court’s bail decision and the continuance of the arraignment, Charlton was in jail for an additional 10 days. His brief continued detention certainly did not pervade or contaminate the entire proceeding. Therefore, there was no structural error and we must apply the harmless error analysis.” ~WA Court of Appeals.

Accordingly, the COA affirmed Charlton’s convictions.

My opinion? Bad decision. Lack of defense counsel at bail hearings can potentially cripple a defendant’s ability to fight the charges. At arraignment, defense attorneys often argue bail and release conditions. A competent defense attorney can persuade the judge to lower the bail recommended by the prosecution. Even better, a defense attorney can persaude the judge to release the defendant on personal recognizance. Defendants who are released from jail are better positioned to assist in their defense. They can help locate  witnesses, enter treatment programs and contemplate substantive defenses.

Please review my Making Bail legal guide and contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Whatcom County Jail Tightens Booking Restrictions

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Riverside County jails are so crowded, car thieves and drug dealers are being sent home

Journalist David Rasbach of The Herald reports the Whatcom County Jail has stopped booking people suspected of low-level offenses.

JAIL POPULATIONS HAVE INCREASED

in a letter to local leaders, Sheriff Bill Elfo explained the main reason behind less bookings was an increase in the jail population.

“Since the beginning of 2022, populations at both the Downtown Jail and Work Center have steadily climbed despite increased booking restrictions that were put into place in October of 2021.” ~Whatcom County Sheriff Bill Elfo.

According to recent reports, the current jail population has grown 28% in the last three months. And it’s grown 44% larger than six months earlier.

Today’s population shows an increase over the previous two years during the COVID-19 Pandemic. We’re at or above the levels seen the two summers before the pandemic.

OFFENDER CHARACTERISTICS HAVE CHANGED

“In addition to the number of offenders, the characteristics of the offender population has also changed,” Elfo wrote. He states that approximately 83% of the jail population is now being held on suspicion of a pending felony offenses. Additionally, approximately 42% of the people housed in the jail have been diagnosed with a serious mental illness. Adding to the despair, 80% have an existing substance use disorder.

These behavioral issues has led to an increase in assaultive or self-harming behavior. As a result, fewer people in the jail can be housed with others.

OVERWORKED JAIL CORRECTIONS STAFF

In addition to a growing jail population, Elfo reported that workloads for corrections staff ARE stretched past all reasonable limits due to COVID protocols. There’s also an increasing need for care of vulnerable people housed in the jail, growth of the Medication for Opioid Use Disorder program, more fights and assaults among the jail population and of staff and problems created by an aging and sometimes failing facility.

Whatcom County is currently trying to fill 11 correction deputy vacancies, or approximately 16% of the full-time staff that it is budgeted for. According to Elfo, this has created the need for mandated unvolunteered overtime and mandatory callbacks to work. The current workloads, a perceived sense of apathy and new demands have taken their toll.

To help mitigate some of the challenges Elfo mentioned in the letter, he reported that Whatcom County is negotiating to contract for 45 beds in Snohomish County. Elfo wrote that he anticipated an agreement soon and would submit an interlocal agreement and supplemental budget request to the Whatcom County Executive and county council in June.

My opinion? It’s in our best interests for Whatcom County to construct a new, better jail. We must hire more jail deputies and train them to manage today’s jail population. And we must improve conditions for all, including the jail staff who oversee the incarcerated.

Buck up, taxpayers.

Please contact my office if you, a friend or family member are charged with a crime and incarcerated. Making bail and hiring an effective and competent defense attorney is the first and best step toward justice.

Crowded Jail Cells

Bellingham Defense Attorney, Coronavirus, Jail, Mount Vernon Criminal Defense Attorney, Prison, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Coronavirus spreads in California prisons: Latest cases | The Sacramento Bee

Great article by senior reporter for Newsweek reports that crowded cells in jails across the U.S. could help the rapid spread of Coronavirus. Top Democratic senators have accordingly asked prison authorities to reveal what contingency plans there are to tackle any outbreak.

According to the article, The Sentencing Project has called on public officials to release people in jail who do not pose a public safety risk. This jail population includes those housed in pre-trial detention or rehabilitated people.

“Existing unsanitary and overcrowded prison and jail conditions will exacerbate the spread of the new coronavirus . . . Elderly incarcerated people often pose little public safety risk but disproportionately suffer from chronic medical conditions and thus are at the highest risk of dying from COVID-19.” ~The Sentencing Project senior research analyst Nazgol Ghandnoosh

Ghandnoosh emphasized that time is of the essence to avert a public health catastrophe in the United States’ prisons and jails.

The sentiment echoes concerns voiced by other prisoners’ rights advocates, who fear the implications the virus will have for the 2.2 million people living in the U.S. penal system.

Last week, National Association of Criminal Defense Lawyers president Nina Ginsberg said in a statement that, given the spread of the virus: “There is every reason to question whether American detention facilities, as a whole, are up to this challenge.”

Meanwhile, Maria Morris of the American Civil Liberties Union (ACLU) National Prison Project wrote in an op-ed this week that jails were not closed environments, and had staff and visitors coming into the facilities and returning home, posing a considerable risk.

Also, top Democrats signed a letter asking the Federal Bureau of Prisons about its coronavirus plans. presidential contender Senator Bernie Sanders, and former primary candidates Senators Kamala Harris and Elizabeth Warren were among the signees. The letter, which was also addressed to prison operators GEO Group, CoreCivic, and Management and Training Corporation, asked if staff and inmates who may be vulnerable have been identified, how they will be treated if they test positive and how staff shortages caused by the virus will be dealt with.

My opinion? Kudos to those involved in these efforts. Protecting incarcerated people during a contagious health crisis by expediting releases would reduce the burden on prison staff. It would also reduce demand for limited hospital resources which are shared with the broader public.

Please read Making Bail and contact my office if you, a friend or family member are charged and jailed. Hiring an effective and competent defense attorney is the first and best step toward justice.

Jail: A Good Place to Die

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Wrongful Deaths in Prison

 A new report by the federal Bureau of Justice Statistics finds more than 200 people have died by suicide in Washington and Oregon jails since 2000. This puts the Northwest states above the national average for jail suicides, according to

From 2000 to 2019, the average rate of suicide in jails nationally was 43 per 100,000 inmates. By contrast, Oregon’s jail suicide rate during that same time period was 48 per 100,000. In Washington it was 57 per 100,000.

In Oregon, the study found, the jail suicide rate leapt up to 70 per 100,000 from 2015 to 2019. Washington logged its highest rate, 79 per 100,000, during the 2010 to 2014 timeframe.

Among Western states, Arizona and California reported the lowest rates of jail suicides during the same time period.

Nationally, suicide accounted for 24 percent to 35 percent of deaths in local jails between 2001 and 2019, the report said. In 2019, nearly 30 percent of U.S. jail deaths were due to suicide. The peak came in 2015 when the suicide rate in U.S. jails reached 52 per 100,000 inmates. But overall, the national rate of suicide in jails was mostly unchanged in 2019 as compared to 2000.

Here are some other findings:

  • Nationwide, white inmates were five times more likely to die by suicide in jail than Black inmates, and 3.5 times more likely than Hispanic inmates.
  • Most jail suicides happened within the first 30 days of a person being behind bars.
  • Hanging or strangulation was the most common manner of death.
  • Nearly 77 percent of the people who died by suicide in U.S. jails had not been convicted. Jails are the entry point to the criminal justice system and often hold individuals who are awaiting trial.

The quality of health care in jails can also vary greatly despite the fact jails house some of the most complex and vulnerable people in society, including those with acute mental health and substance use disorders.

In Oregon, jails must adhere to a set of statewide standards and are subject to outside inspection. By contrast, Washington jails are required to develop their own standards to ensure the health, welfare and safety of inmates.

This year, Washington enacted a law that requires jail officials to conduct a fatality review anytime a person in custody dies unexpectedly. Those reviews must be completed within 120 days and be posted to a public website maintained by the state Department of Health.

My opinion? Jail is a dangerous place. Please read my Legal Guides titled, Quash Your Bench Warrant and Making Bail and  contact my office if your friends or family are jailed. Hiring an effective and competent defense attorney is the first and best step toward justice.

Another Jail Outbreak

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Cut COVID-19 risks NC jails and prisons | Raleigh News & Observer

Great article by Stacia Glenn of the News Tribune discusses how a COVID-19 outbreak in Pierce County Jail has up to 35 inmates testing positive.

The outbreak means the jail will only allow people arrested on suspicion of violent crimes to be booked. That includes murder, manslaughter, first-degree assault, rape, child molestation, kidnapping, child assault, domestic violence and possessing explosive devices.

Pierce County jail staff medically screens every person before they are booked. Inmates are provided with masks and given daily screenings and temperature checks, according to the jail’s website. And apparently, all three vaccines are also offered at the jail’s health clinic.

Ms. Glenn reports that since the pandemic started through June 2021, at least 398,627 people in prisons have tested positive for COVID-19, according to The Marshall Project. However, Ms. Glenn also reports that number is believed to be less than accurate. Most recently, there are approximately 6,254 positive tests for inmates in Washington state.

Prisons and jails frequently suffer from overcrowding. Even in the best of times they are, by definition, facilities where people are placed in close contact with each other on a near-constant basis. Factor in the unique health challenges faced by incarcerated people and the limited availability of quality healthcare, and it’s no surprise that correctional facilities are uniquely vulnerable to diseases such as Covid-19.

Correctional administrators have limited control over how long people spend incarcerated, but they can use what authority they possess to release people outright or direct people to less restrictive forms of confinement. They can also ease conditions of confinement and increase access to health products. Some correctional authorities have already begun this work.

As the coronavirus pandemic continues to ravage the country, and particularly its incarcerated populations, government actors have turned their attention to vaccine distribution as the solution to this health crisis. Though some states have explicitly included incarcerated individuals in their vaccination plans, many have not yet provided information as to how and when those behind bars will be granted access to this protection.

Please review my Legal Guide titled Making Bail and contact my office if you, a friend or family member are jailed and charged with a crime during this COVID-19 Pandemic. Hiring an effective and competent defense attorney is the best step toward justice. Nowadays, it may save your life.

COVID-19 Outbreak At Jail

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Justicia fights for COVID-19 protections for people who are incarcerated - Furman News

Reporter David Rasbach from the Bellingham Herald reports the Whatcom County Jail in downtown Bellingham has seen a COVID-19 outbreak the past few days. The present outbreak has spread to 10 corrections deputies and one person housed at the jail.

Rasbach reports that since late in 2020, all corrections deputies at the jail have been tested for COVID weekly. One of the deputies tested positive on Saturday, Aug. 14.

“Over the following three days, additional corrections deputies tested positive during their weekly screening,” said Whatcom County Sheriff’s Office spokesperson Deb Slater. “We began working with the Whatcom County Health Department to track down the source of the infection.

Apparently, several corrections deputies contracted COVID while booking an individual who was uncooperative. This individual refused to answer any health-related questions or take a rapid COVID-19 test and demonstrated uncontrolled behavior during the booking process.

The sheriff’s office’s Corrections Bureau has since increased its rapid testing of deputies to daily, and additional personal protective equipment protocols have been put in place, according to Slater.

In January, the Work Center had an outbreak that affected 37 people, leading to some of the testing protocols now in place at the jail.

My opinion? A jail sentence should not become a death sentence. And yet our jails and prisons are filled with people with preexisting medical conditions that put them a heightened risk for complications from COVID-19. Our jails and prisons house large numbers of people with chronic diseases and complex medical needs who are more vulnerable to COVID-19. At the beginning of the pandemic, jails cut their populations by as much as 30%, helping to protect many of these people. But states and counties abandoned their efforts to keep jail populations low as the pandemic wore on.

Please review my Legal Guide titled Making Bail and contact my office if you, a friend or family member are jailed and charged with a crime during this COVID-19 Pandemic. Hiring an effective and competent defense attorney is the best step toward justice. Nowadays, it may save your life.